How do you take a deceased person name off jointly owned title to land

Asked over 1 year ago - Stevens Point, WI

my husband and his 3 sisters and their mom all hold title to land in mississippi their mom passed and my husband is the executor lives in wi what must he do to just get his moms name off thank you

Attorney answers (4)

  1. Jason Todd Studinski

    Contributor Level 20

    2

    Lawyers agree

    Answered . I suggest you consult with a local lawyer. I don't think there is a simple answer to this question that would still keep your husband (executor) safe and make sure that he fulfills his obligations as special administrator/personal representative.

    I would suggest that you consult a local lawyer to make sure this is done properly. Good luck.

  2. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It depends on the wording of the deed - meaning if it is joint tenancy with right of survivorship or tenants in common. If Mom is a tenant in common her portion needs to go through her probate estate and be divided to her heirs (under her will if there is one (appears there is since you say husband is executor)(or under the law of intestacy if no will).

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . If the language on the deed is set up for the survivors to have full ownership-then it is only necessary to file a death certificate.
    If not-the property would have to go through probate.
    It would be best for your husband to review the matter with a probate attorney.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. James P. Frederick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleagues and particularly, Attorney Pippen. It may well be as easy as recording a copy of the death certificate. It may not actually be necessary to "remove" your MIL from the title. If the deed is set up as joint tenants with rights of survivorship, then the last person standing is the owner of 100% of the property. If you ever need to sell or to refinance the property, you can always have death certificates recorded at that time. There is no penalty for having a deceased person on the deed, in this kind of situation.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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